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't want to purchase. when the same lawsuit was filed in virginia, by the attorney general of virginia, ken keusch cuccinelli, that's been on your show, a federal judge in virginia appointed by a democratic president said when the government tried to dismiss the case, you know what, the attorney general of virginia is right, congress has never done this before, she have a -- they have a very strong argument to say it doesn't have this power, i'm not going to dismiss the indicate -- the case. so the passer in florida, a lawsuit, joined by 19 other states, the federal government doesn't reply with an answer, it replies with an appeal to dismiss the lawsuit so, the judge will only dismiss the lawsuit if there's no legal basis for it whatsoever. there is. martha: will it be let's move on to the next step? >> correct. the next step will then be a legal analysis of the history of the commerce clause and whether the constitution was written to give congress this kind of power. for example, suppose the congress declares that the sun causes skin cancer. that would be a reasonable statement to make.
mean, the state of virginia, you know very well a few weeks ago in that primary vote, you were up, what, 35 percent in a republican turnout over last time? >> huge. bill: that's substantial. >> you're going to have -- there's no doubt in my mind you're going to have a very big republican turnout and much of it if not most of it will be a protest vote. protest votes are very powerful motivation, not to be underestimated and apathy in midterms with the party in power is also a very distinct problem that occurs tile and again, particularly when times are bad, and times remain bad in the eyes of most americans. americans weren't loving the way the economy was growing when it was growing in the middle years of the bush administration, they certainly aren't happy with it now and they're not going to be happy any time soon. these measures taken now by the president i don't think are going to have any noticeable effect. bill: we'll debate if this in 30 minutes with doug schoen and brad blakeman. good to see you. >> i hope so. juliet: such a cool guy. >>> tropical storm hermine barreling into th
that will be very interesting to watch as well, we know what happened in virginia and new jersey, and we'll see what happens in the gubernatorial races. bill: also from nevada, speaking of that, a senate majority leader, harry reid is in the fights of his life, facing republican candidates, and, the tea party favorite, sharron angle in that race, and, at this point, a virtual tie, and, most of the polling, the latest rasmussen report, statewide telephone survey, of likely voters, now, does it get any closer? 45-45% each and anita vogel is live from las vegas today, a lot of folks wonder can harry reid survive, he's been on the stump saying, i sure can. what is happening? good morning there. >> reporter: good morning, bill, well, certainly, it is a tight race and about the most watched in the country. and i had a chance to sit down and chat with senator reid about the issue, and he certainly is very vocal in calling his opponent too extreme for nevada when it comes to things like the desire to transition out of social security, and into a more privatized system and also, the desire to reduce certain
running for election, glenn nye out of virginia says it costs too much, stephanie sandler out of -- she was it was not right for south dakota, jason altmeier, pennsylvania, the pittsburgh area, the quote says he's not afraid to stand up to the president, and nancy pelosi. that's pretty -- >> yeah, these are people who voted against it. and remember, a democratic victory, they were very happy about a special election in pennsylvania's 12th district was won by a democrat who ran against health care. so this is not something that they're bragging about, and remember, this was something they portrayed as the achievement of a generation. bill: why are they not bragging? >> because you -- >> because you have to go back to april, when the last time you found anyone -- we've been talking a lot about the house so far. but whether it's house democrats or senate democrats, april and hay reid was the last ad you saw on a campaign. >> right. remember the plan was the major parts of obamacare don't go into effect until 2014, the plan was to talk about the aspects of it that do go into effect, like st
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